BIL 125 Draft 03 2022-2024 - Laserfiche WebLink

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Section 6- Applicability. This article shall apply to all commercial bicycle tours on any public highway, or any designated portion thereof, Section 6- Annual registration. Any business or person operating a commercial bicycle tour in the County shall register annually with the director of finance, which registration shall include: (1) The name, business address, mailing address, phone number, and e-mail of the registrant; (2) The name and contact information of any representatives authorized to act on behalf of the registrant; (3) Locations, areas, and routes to the utilized for bicycle tours, tour schedule, and the maximum number of participants per tour group; (4) Written and notarized permission from any property owner whose property the commercial bicycle tour traverses; and (5) A description of all moveable structures, including trailers or mobile containers, used in conjunction with the bicycle tour business. Section 6- Authority to restrict. (a) The council may by ordinance prohibit commercial bicycle tours on designated portions of public highways due to unsafe road conditions. (b) The council shall enact no such prohibitory ordinance unless the director of public works, the chief of police, and, in the case of any State highway, the director of the State department of transportation have determined that the operation of commercial bicycles tours on such highways, or designated portions thereof, poses a threat of public safety. (c) With respect to any prohibition considered by the council, unsafe road conditions include, but are not limited to, narrow pavement widths, unpassable shoulders, limited sight distances, steep grades, one -lane bridges, and winding or hilly terrain. Section 6- Penalties. The owner, an employee, or an agent of a bicycle tour business that violates any provision of this article shall be subject to: (1) A fine of not more than $500 for the first offense; and (2) A fine of not less than $1,000 per bicycle for the second or subsequent offense committed within one year of the date of the first offense. Section 6- Administrative rules. The chief of police may adopt administrative rules pursuant to chapter 91, Hawai`i Revised Statutes, as may be necessary to implement this article." SECTION 3. Severability. if any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. 2